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On 27 April 2005 Termico Pty Ltd ACN 074 933 869 provided a court-enforceable undertaking to the ACCC after acknowledging alleged contraventions of sections 52 and 53(g) of the Trade Practices Act in relation to termite protection warranty claims.
Prior to April 2004, Termico Pest Management Pty Ltd trading as Termico Pest Management Services (Termico) represented in documents to homeowners, including in its New Home Termite Protection Warranty, that the Warranty was a 10 year warranty when in fact it was a 12 months warranty that could be renewed annually (up to 9 times) by the homeowner for an annual renewal fee. The ACCC is of the view that Termico's conduct in making those representations contravenes sections 52 and 53 (g) of the TPA.
Termico acknowledged the ACCC's concerns and has provided court-enforceable undertakings that:
it will not, in trade or commerce, make false or misleading representations to customers regarding the duration of the warranty;
it will write to warranty holders to explain the effect of its conduct; and
it will implement and maintain a trade practices compliance program.
Ramsay has undertaken to divest 14 private hospitals (located in New South Wales, Victoria, Queensland and Western Australia) to CVC Asia Pacific Limited and Ironbridge Capital Pty Limited.
The Undertaking acknowledges the ACCC has not had the opportunity to examine the acquisition for the purpose of identifying competition concerns and Ramsay has undertaken to hold separate and preserve the Affinity businesses as an independently viable going concern until the ACCC has completed its investigation and assessment of the acquisition.
The Undertaking also recognises the ACCC may identify competition concerns arising from the transaction in any relevant markets for the provision of private hospital services in Australia and gives the ACCC broad power to require Ramsay to divest hospitals to address those concerns.
CVC and Ironbridge have undertaken to execute a confidential Heads of Agreement with Ramsay for the acquisition of 14 private hospitals in New South Wales, Victoria, Queensland and Western Australia.
The CVC and Ironbridge Undertaking will operate in unison with the Ramsay Undertaking.
Between May 2004 and August 2004, LG Australia released certain models of its washing machines for sale into the Australian market and represented that they were approved "4A Rated" by Water Services Association of Australia (WSAA) when in fact, at the time they were not.
LG also released a brochure in June 2004 which represented that the machines were 4A certified and posted information to this effect on the LG Australia website.
Western Australian consumers who bought these machines and approached the Water Corporation for a $150 Waterwise Rebate may have had their claims rejected, as certification was not complete until 28 August 2004.
The ACCC is of the view that LG's conduct in making these representations contravenes sections 52 and 53(c) of the Act.
LG has provided court enforceable undertakings that it will:
place a corrective notice on the LG Australia website
send a corrective notice to retailers
upgrade and maintain its trade practices compliance program
Grab It stores in Victoria supplied certain cosmetic products which did not comply with the Cosmetics Standard in that they did not have the ingredients listed on the containers, nor did they supply in-store signage or listings of ingredients as an alternative reference for customers.
The stores also supplied cosmetic products which may have misled consumers as to their place of origin.
An undertaking has been given by the traders that they will
refrain from selling or offering for sale cosmetics without the ingredients being correctly listed;
refrain from selling or offering for sale cosmetics that have false or misleading place of origin representation;
cause a sign to be displayed advising of non-compliance of certain products; and
implement a trade practices compliance program
Chazel Pty Ltd supplied cosmetic products which may have misled consumers as to their place of origin.
An undertaking has been given by Chazel that they will
refrain from supplying cosmetics that have false or misleading place of origin representation; and
implement a trade practices compliance program
Grab It (QLD) and Groove Accessories (NSW) stores supplied certain cosmetic products which did not comply with the Cosmetics Standard in that they did not have the ingredients listed on the containers, nor did they supply in-store signage or listings of ingredients as an alternative reference for customers.
The stores also supplied cosmetic products which may have misled consumers as to their place of origin.
An undertaking has been given by the traders that they will
refrain from selling or offering for sale cosmetics without the ingredients being correctly listed;
refrain from selling or offering for sale cosmetics that have false or misleading place of origin representation;
engage in corrective advertising;
cause a sign to be displayed advising of non-compliance of certain products; and
implement a trade practices compliance program
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